Kitsumkalum Agreement-in-Principle
155.
156.
Subparagraphs 154.c) and 154.d) do not provide a defence if:
a)
the person has, in relation to the conduct that is the subject matter of the action, been
guilty of dishonesty, gross negligence or malicious or wilful misconduct; or
b)
the cause of action is libel or slander.
Subparagraphs 154.c) and 154.d) do not absolve Kitsumkalum from vicarious liability arising
out of a tort committed by an elected member or former elected member of the Kitsumkalum
Government for which Kitsumkalum would have been liable had those subparagraphs not been
in effect.
Kitsumkalum Public Officers
157.
158.
No action for damages lies or may be instituted against a Kitsumkalum Public Officer or former
Kitsumkalum Public Officer:
a)
for anything said or done or omitted to be said or done by that person in the
performance, or intended performance, of the person’s duty or the exercise of the
person’s power; or
b)
for any alleged neglect or default in the performance, or intended performance, of that
person’s duty or exercise of that person’s power.
Paragraph 157 does not provide a defence if:
a)
the Kitsumkalum Public Officer has, in relation to the conduct that is the subject matter
of the action, been guilty of dishonesty, gross negligence or malicious or wilful
misconduct; or
b)
the cause of action is libel or slander.
159.
Paragraph 157 does not absolve any of the corporations or bodies referred to in the definition of
Kitsumkalum Public Officer from vicarious liability arising out of a tort committed by a
Kitsumkalum Public Officer for which the corporation or body would have been liable had that
paragraph not been in effect.
160.
Notwithstanding paragraph 157, except as may be otherwise provided under Federal Law or
Provincial Law, a Kitsumkalum Public Officer does not have protections, immunities or
limitations in respect of liability in respect of the provision of a service, if no persons delivering
reasonably similar programs or services under Federal Law or Provincial Law have protections,
immunities or limitations in respect of liability and rights under Federal Law or Provincial Law.
Kitsumkalum Government
161.
Kitsumkalum and the Kitsumkalum Government will have the protections, immunities,
limitations in respect of liability, remedies over and rights provided to a municipality and its
municipal council under provincial legislation.
162.
Subject to subparagraph 1(b) of the Access Chapter, Kitsumkalum will have the protections,
immunities, limitations in respect of liability, remedies over and rights provided to a
municipality under the Occupiers Liability Act and, for greater certainty, has those protections,
immunities, limitations in respect of liability, remedies over and rights, in respect of a road on
Kitsumkalum Lands used by the public, or by industrial or resource users, if Kitsumkalum is the
occupier of that road.
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